Monrovia Municipal Code Ch. 5.96 Cannabis Regulations

Sections:

Cross-reference:

Medical marijuana dispensaries prohibited, see § 17.44.104

The purpose of this chapter is to expressly prohibit all commercial cannabis activity, except for laboratory testing and research and development facilities, in the city. The city’s prohibition of such activity is within the authority conferred upon the City Council by state law and is an exercise of its police powers to enact and enforce regulations for the public health, safety, and welfare of the city and its community.

(Ord. 2017-05 § 5, 2017)

For purposes of this chapter, the following words and phrases have the same meanings as set forth below.

CANNABIS. All parts of the plant Cannabis sativa linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. CANNABIS also means the separated resin, whether crude or purified, obtained from cannabis. CANNABIS includes cannabis that is used for medicinal, adult-use, or other purposes. CANNABIS does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. CANNABIS also does not include industrial hemp, as defined in Cal. Health and Safety Code § 11018.5.

COMMERCIAL CANNABIS ACTIVITY. The cultivation, possession, manufacture, distribution, processing, storing, packaging, labeling, transportation, delivery or sale (as those terms are defined in Cal. Business and Professions Code § 26001, as the same may be amended from time to time) of cannabis and cannabis product for medicinal, adult-use, or any other purpose and includes the activities of any business licensed by the state or other government entity under Division 10 of the Cal. Business and Professions Code, or any provision of state law that regulates the licensing of cannabis businesses. COMMERCIAL CANNABIS ACTIVITY does not include (1) the cultivation, possession, storage, manufacturing, or transportation of cannabis by a qualified patient (as that term is defined in Cal. Health and Safety Code § 11362.7) for his or her personal medical use so long as the qualified patient does not provide, donate, sell or distribute cannabis to any other person; or (2) the cultivation, possession, storage, manufacturing, transportation, donation or provision of cannabis by a primary caregiver (as that term is defined in Cal. Health and Safety Code § 11362.7), exclusively for the personal medical purposes of no more than five specified qualified patients for whom he or she is the primary caregiver, but who does not receive remuneration for these activities except for compensation in full compliance with Cal. Health and Safety Code § 11362.765.

DELIVERY. The commercial transfer of cannabis or cannabis products to a customer. DELIVERY also includes the use by a retailer of any technology platform.

DISTRIBUTION. The procurement, sale, and transport of cannabis and cannabis products between licensees.

LABORATORY TESTING FACILITY. Shall have the same meaning as TESTING LABORATORY as defined in Cal. Business and Professions Code § 26001, as the same is amended from time to time, and also means a laboratory, facility, or entity that offers or performs tests of cannabis or cannabis products and that is both accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state, and is a licensee.

LICENSEE. A person who holds a state license for research and development or laboratory testing of cannabis or cannabis products issued by the Bureau of Cannabis Control, or other state licensing authority that issues licenses to cannabis businesses, if applicable.

MAUCRSA. The Medicinal and Adult-Use Cannabis Regulation and Safety Act as codified in Division 10 of the Cal. Business and Professions Code, as the same may be amended from time to time.

PERSON. Any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, collective, cooperative, club, society, organization, non-profit, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

RESEARCH AND DEVELOPMENT. Shall mean an establishment primarily engaged in the research of an industrial or scientific nature that is a licensee, excluding medical testing and analysis. Typical uses shall include electronics research laboratories, space research and development firms and pharmaceutical research laboratories.

(Ord. 2017-05 § 5, 2017)

(A) Commercial cannabis activity, whether or not for profit, is prohibited in the city. No person shall establish, operate, maintain, conduct, allow, or engage in commercial cannabis activity anywhere within the city.

(B) Except as otherwise set forth in this section, division (A) above shall prohibit all activities for which a state license is required pursuant to the MAUCRSA, as the same may be amended from time to time. Except as otherwise set forth in this section, the city shall not issue a business license for any activity for which a state license is required under the MAUCRSA, or any other provision of state law that permits the licensing of cannabis businesses. The city shall also not issue any local license to a non-profit entity pursuant to Cal. Business and Professions Code § 26070.5.

(C) No person shall conduct or perform any delivery of any cannabis or cannabis products, which delivery either originates or terminates within the city. This division shall not prohibit any person from transporting cannabis through the jurisdictional limits of the city for delivery or distribution to a person located outside the city, where such transport does not involve delivery or distribution within the jurisdictional limits of the city. This division shall also not prohibit a state licensed distributor from transporting cannabis and cannabis products to and from laboratory testing facilities and research and development facilities.

(Ord. 2017-05 § 5, 2017)

(A) The city may issue a business license to a cannabis laboratory testing facility or a research and development facility that meets all the requirements set forth in § 17.44.104.

(B) Nothing in this chapter shall prohibit a person 21 years of age or older from engaging in any activities authorized under Cal. Health and Safety Code § 11362.1.

(C) Nothing in this chapter shall prohibit any commercial cannabis activity that the city is required by state law to permit within its jurisdiction pursuant to Cal. Business and Professions Code §§ 26054(c) and (d), as the same may be amended from time to time, or any other provision of the MAUCRSA.

(Ord. 2017-05 § 5, 2017)

In addition to any other enforcement permitted by this chapter or Chapter 1.16 of this code, the City Attorney or City Prosecutor may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this chapter. In any civil action brought pursuant to this chapter, a court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party. Notwithstanding the penalties set forth in Chapter 1.16 of this code, this Chapter 5.96 does not authorize a criminal prosecution, arrest or penalty inconsistent with or prohibited by Cal. Health and Safety Code §§ 11362.71 et seq. or §§ 11362.1 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under Chapter 1.16 of this code and any penalties set forth in state law, the maximum penalties allowable under state law shall govern.

(Ord. 2017-05 § 5, 2017)